TMI Blog2009 (11) TMI 852X X X X Extracts X X X X X X X X Extracts X X X X ..... enalty under section 12(3) of the Tamil Nadu General Sales Tax Act. The assessee had been assessed on a total and taxable turnover of Rs. 4,59,306 and Rs. 4,27,133, respectively, as against the reported total and taxable turnover of Rs. 3,73,805 and Rs. 2,91,632, respectively, for the year 1996-97 based on the defects noticed at the time of checking of accounts. Upon scrutiny, it was noticed that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that when the entire amount of tax was paid by the petitioner by cheque dated January 7, 1998 before completion of assessment, whether levy of penalty under section 12(3) of the Act is in order. Mr. V. Sundareswaran, learned counsel for the petitioner, contended that the petitioner had made payment by way of cheque (No. 697629) dated January 7, 1998 even prior to the passing of the order and wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the AAC (CT), the petitioner has not produced any material to show that cheque was presented prior to passing of the order. In the typed set of papers, the letter of the petitioner dated January 7, 1998 enclosing cheque No. 697629 dated January 7, 1998 for Rs. 14,905 has been filed. Before us, the learned counsel for the petitioner has also produced bank statement of accounts of the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dy before such final assessment, sufficient to go to reduce the tax liability ultimately determined, the imposition of penalty to that extent is reduced. . . Since cheque bearing No. 697629 dated January 7, 1998 for Rs. 14,905 was given by the assessee even on January 7, 1998, as per the above decision, levy of penalty under section 12(3) of the Act is not justified. Both the AAC (CT) and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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